Future of Ethanol Waivers Now in Supreme Court s Hands
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Court Vacates Midnight Refinery Exemptions
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iStock: photosbyjim The federal appeals court that greatly restricted access to “hardship” exemptions from the U.S. ethanol mandate in 2020 granted an EPA request on Wednesday to cancel three exemptions issued on President Trump’s final day in office. After the Biden administration took office, the EPA said the waivers had been issued without analysis of whether they were appropriate. “We vacate the agency’s decision and remand for further administrative proceedings consistent with this court’s decision in Renewable Fuels Association,” said a three-judge panel of the 10th Circuit U.S. Court of Appeals, based in Denver. In January 2020, the 10th Circuit ruled, in Renewable Fuels Association v. EPA, that small-volume refineries were eligible for waivers from complying with the Renewable Fuel Standard (RFS) only if they had received a waiver in the preceding year.